Miracle2Australia Private Members Association (PMA) Terms and Conditions.
Date: 11.08.2022
This agreement made between a Founding Member and a new member is governed by this private member agreement and the conditions set-forth in this agreement only. The Private Members Association, being an unincorporated (hereinafter – The Association) does not include any public policy, statutes, political parties, legislative Act’s, Bill’s or instrument’s of any other Body Politic within these articles of association as members agreeing to this social compact agreement hereby become equal in rights as private members of this Association.
TERMS AND CONDITIONS
Member shall be entitled to all the benefits and privileges of membership in the Association so long as Member shall maintain good standing, including being current in monthly membership contributions, continued adherence to the bylaws and adherence otherwise to all terms of this Agreement. Membership shall not extend to family members above the age of eighteen (18), who shall be required to become members subject to the terms of their own agreement themselves. Member affirms and agrees that failure to make the suggested monthly membership contributions (if applicable) in a timely manner for a period of three (3) months or more may subject the member to termination at the absolute and exclusive discretion of The Association. Member further affirms and agrees that any conduct that is, within the absolute and exclusive discretion and determination of the Association, discordant or out of step with the bylaws, principles and terms the Association or Mission Statement, or that constitutes other material breach of this Agreement may result in immediate termination of membership. No action or inaction on the part of the Association under this provision shall constitute waiver of The Association right to exercise its rights and duties under this provision at any time within its absolute and exclusive discretion.
POWERS & DUTIES OF THE ASSEMBLY MEMBERS
Management Powers of the Assembly – The business of the Association shall be managed by the Founding Members of the Assembly. The Assembly may exercise all powers of the Association as required by these articles, and these rules to be exercised by the Association in Assembly Meetings.
Engagement of staff members – The Committee shall engage such Members as it may consider necessary and shall regulate their duties and fix their remuneration.
Meeting Minutes – the Secretary shall cause full and accurate minutes of all questions, manners, resolutions and other proceedings of every Assembly Management Meeting and or other meeting to be entered into book keeping software, to be open for inspection at all reasonable times by any financial member who previously applies to the Secretary for that inspection.
For the purposes of assuring the accuracy of the recording of such meetings, the minutes of every Assembly meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding Management Assembly meeting verifying their accuracy. Similarly the minutes of every general Assembly meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding Assembly meeting: Provided that the minutes of any annual Assembly meeting shall be signed by the Chairperson of that meeting or the Chairperson of that the next succeeding Assembly meeting or Annual Assembly Meeting. Delegation of Powers to Chair – The Assembly may delegate any of its powers to the Chair. These powers shall be listed in the Assembly minutes.
INCOME & PROPERTY
Source of funds – the funds of the Association shall be derived from subscriptions by community members for service contributions, fund raising, grants and donations to the Association and from other such activities as the Assembly may decide.
MEMBERS
Any member or (whether in his or her own private capacity or so duly appointed by the representative of any organisation) who fulfils the requirements and is admitted as an ordinary member of the Association shall be deemed to be a member of the Association unless he/she indicates in writing to the secretary that he/she does not want to be a member. The number of ordinary members shall be unlimited.
SUBSCRIPTIONS
The Assembly may determine, from time to time, an amount payable as subscriptions for its members so they can enjoy the full benefits and services rendered, including receipt for information bulletin’s and a Member shall be entitled to use any branded proprietary clothing, documents, logos, symbols, templates, protocols, procedures, written resources and other associated branded written work product (collectively, “Written Work Product”) provided as a service to members only, including limited authorisation to use the brand name and logo. Member in Good Standing, the intellectual property represented in or by the written documents and resources, and other Written Work Product. Member affirms and agrees to use such Written Work Product in honour, in good faith, and in keeping with the principles and the philosophy of the Association.
PROPRIETARY BRANDED WORK & PRODUCT
Member’s shall use Written Work Product only in the original form provided without editing, modifying, altering, adding to, eliminating from, combining or merging or splicing with the written work product of others, or in any other way changing or diluting (collectively, “Diluting” or “Dilution”) the Written Work Product of the Association. Any Dilution of the Association Written Work Product may alter its intended purpose and effectiveness and is strictly prohibited. The Association does not and will not back or support any Member in the event of any use of its Written Work Product contrary to the terms of this provision, and such use is strictly prohibited. Any such use is done at Member’s own risk without prejudice or liability to the Association. Such unauthorised use also constitutes a material breach of this Agreement and grounds for immediate termination of membership.
REGISTER OF MEMBERS
The Assembly shall cause a Register to be kept in which shall be entered the names and other information of all persons admitted to membership of the Association and the dates of their admission as a member. Particulars should also be entered into the Register of deaths, resignations, terminations and reinstatements of membership and any further particulars as the Assembly and the members at any general meeting may require from time to time.
The register shall be open for inspection at all reasonable times by any member who previously applies to the secretary for such inspection.
CESSATION of MEMBERSHIP
Resignation – A member of the Association may, at any time, resign by sending to the secretary a written notice of resignation.
Expulsion – in the event of the Association expelling an ordinary member, he/she shall be deemed to have ceased to be a member of the Association. Such a member shall have had notice of the intended resolution of expulsion and shall have had an opportunity of attending a meeting of the Assembly of the Association or of giving an explanation or defence as the member may desire, ordinarily or in writing.
Right of Appeal – in the extent of an expulsion of a member from the Association, that person will not have the right of appeal.
Failure to pay fees – in the event that a member shall fail to pay any fees payable to the Association, within three months of the due date, he/she shall be deemed to have ceased to be a member of the Association.
ANNUAL ASSEMBLY MEETING
Additional business of the Annual General Meeting – The Annual General Meeting may transact special business of which notice is given in accordance with these rules.
The Association shall be managed by a private Assembly for holding Annual Assembly Meeting – the Association, shall, in each year hold on such a day the meeting as the Assembly may determine.
Notice of Annual Assembly Meeting – the secretary shall, at least 28 days before the date fixed for holding the Annual Assembly Meeting and at least 14 days before the date fixed for holding the meeting of the Association cause all members to be notified of the place, day and time for holding of the meeting and of the nature of the business to be transacted there at.
The Annual Assembly Meeting shall be specified as such in the notice convening it.
The business of the Annual Assembly Meeting – the ordinary business of the Annual Assembly Meeting shall be to; Confirm the minutes of the last preceding Annual Assembly Meeting, Receive from the Chairperson, Treasurer and Auditor reports on the activities of the Association. If required elect the Chairperson, Secretary, Treasurer and members of the Assembly and Appoint the Auditor (if required).
MEMBERSHIP OFASSEMBLYOF MANAGEMENT
The Assembly shall consist of – (Not less than two and not more than five members)
Treasurer (Founding Member) Geoffrey Williams
Secretary (Founding Member) Anne-Marie Hulst
Chair Geoffrey Williams
Deputy Chair Elijah Flierman_Speirs
Immediate past Chair (if available)
Assembly members will be made up of appropriately qualified and experienced professionals: Elected of Members of the Assembly. Each member of the Assembly shall be elected by the Founding Members of the Association at the Annual Assembly Meeting.
Appointments shall be made in writing, signed by two Founding Members of the Association and be accompanied by the written consent of the candidate (which may be endorsed on the form of the appointment); and
Shall be delivered to the Secretary of the Association no later than seven days before the date fixed for holding the Annual Assembly Meeting.
If insufficient appointments are received to fulfil all vacancies for the Assembly the previous appointed Members shall remain as elected and no further nominations shall be made at the next Annual Assembly Meeting.
If the number of appointments received is equal to the number of vacancies to be filled the Members nominated shall be deemed to be elected.
Tenure of Members of the Assembly – each member of the Assembly shall hold office until the Annual Assembly Meeting next, after the date of his/her appointment but is eligible for nomination for re-appointment.
Vacancies on Assembly – The office of a member of the Assembly becomes vacant if the member ceases to be a member of the Association or resigns his/her office by notice in writing given to the secretary.
In the event of a casual vacancy in the Assembly, the Assembly may appoint another member to the vacant office and the member so appointed may continue in office up to and including the conclusion of the Annual Assembly Meeting next following the date of his/her appointment.
Any member of the Assembly may resign from the Assembly by notice in writing served on the secretary.
The Founding Members of the Assembly by appointment may expel from the Assembly any member of the Assembly who shall refuse or neglect to comply with the provision of these rules, or resolution of the Association or resolutions of the Assembly, provided that at least 10 days before the meeting of the Assembly at which the resolution for expulsion is noted, such person shall have notice thereof, and of the intended resolution of expulsion, and shall have an opportunity to attend such meeting or of giving any explanation or defence as such person may desire, either orally or in writing.
In the event of a Member of the Assembly being expelled, that person will have no right of appeal.
BYLAWS
Association Member’s must agree to act and behave in a peaceful manner and agree to the bylaws before joining the Association and also observe the Natural Law of “do no harm”.
BYLAWS, HOW A COMPLAINT IS TO BE MADE
(1) A member or a Secretary may make a complaint by giving to the Assembly Secretary a notice in writing that—
(a) states that the member or secretary is starting a procedure for resolving a dispute in accordance with the Associations Articles; and
(b) sets out the allegation to which the dispute relates and whom the allegation is against; and
(c) sets out any other information reasonably required by the Association.
(2) The Association may make a complaint involving an allegation against a member or an officer by giving to the member or officer a notice in writing that—
(a) states that the Association is starting a procedure for resolving a dispute in accordance with the Associations articles; and
(b) sets out the allegation to which the dispute relates.
(3) The information given must be enough to ensure that a person against whom an allegation is made is fairly advised of the allegation concerning them, with sufficient details given to enable them to prepare a response.
(4) A complaint may be made in any other reasonable manner permitted by the Associations Articles.
A MEMBER WHO MAKES A COMPLAINT HAS RIGHT TO BE HERD.
(1) A member or an officer who makes a complaint has a right to be heard before the complaint is resolved or any outcome is determined.
(2) If the Association makes a complaint,—
(a) the Association has a right to be heard before the complaint is resolved or any outcome is determined; and
(b) The secretary of the Assembly, may exercise that right on behalf of the Association.
(3) Without limiting the manner in which the member, officer, or Association may be given the right to be heard, they must be taken to have been given the right if—
(a) they have a reasonable opportunity to be heard in writing or at an oral Assemble hearing (if one is held); and
(b) an oral hearing is held by the secretary or the Assembly and considers that an oral hearing is needed to ensure an adequate hearing; and
(c) an oral hearing (if any) is held before a member of the Assembly; and
(d) the Assembly member’s, secretary or officer’s, or Association members written statement or submissions (if any) are considered by the Assembly.
COMPLAINTS OR DISCIPLINARY MATTER
A member’s right to be heard, who is the subject of complaint has right to be heard
(1) If the Association considers a complaint, or institutes a disciplinary procedure, regarding alleged misconduct of a member, the member has a right to be heard before the complaint or procedure is resolved or any outcome is determined.
(1) This clause applies if a complaint involves an allegation that a member, an officer, or the Association (the respondent)—
(a) has engaged in misconduct; or
(b) has breached, or is likely to breach, a duty under the society’s Articles or bylaws.
(c) has damaged the rights or interests of a member or the rights or interests of members generally.
(1A) The respondent has a right to be heard before the complaint is resolved or any outcome is determined.
(1B) If the respondent is the Association, the secretary may exercise the right on behalf of the Association.
(2) Without limiting the manner in which a member respondent may be given a right to be heard, a member respondent must be taken to have been given the right if—
(a) the member respondent is fairly advised of all allegations concerning the member respondent, with sufficient details and time given to enable the member respondent to prepare a response; and
(b) the member respondent has a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
(c) an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
(d) an oral hearing (if any) is held before the Assembly members and the member’s written statement or submissions are considered by the Assembly members.; and
(e) the respondent’s written statement or submissions (if any) are considered by the Assembly members
INVESTIGATING & DETERMINING A DISPUTE
(1) The Association must, as soon as is reasonably practicable after receiving a complaint made or a grievance brought in accordance with its articles, investigate and determine the complaint or grievance.
(1) The Association must, as soon as is reasonably practicable after receiving or becoming aware of a complaint made in accordance with its Articles, ensure that the dispute is investigated and determined.
(2) Complaints, grievances, and other disputes Disputes must be dealt with by the Association under the Articles in a fair, efficient, and effective manner.
THE ASSOCIATION MAY DECIDE NOT TO PROGRESS MATTER OR PROCEED FURTHER WITH A COMPLAINT IF –
(a) the matter or complaint is trivial; or
(b) the matter does not appear to disclose or involve—
(i) in the case of a complaint or disciplinary matter, any material misconduct; or
(ii) in the case of grievance, any material damage to a member’s rights or interests; or
(b) the complaint does not appear to disclose or involve any allegation of the following kind:
(i) that a member or an officer has engaged in material misconduct:
(ii) that a member, an officer, or the Association has materially breached, or is likely to materially breach, a duty under the Associations Articles or bylaws:
(iii) that a member’s rights or interests or members rights or interests generally have been materially damaged:
(c) the complaint, grievance, or disciplinary matter appears to be without foundation or there is no apparent evidence to support it; or
(d) in the case of a complaint or grievance, the member who makes the complaint or brings the grievance has an insignificant interest in the matter; or
(e) the conduct, incident, event, or issue giving rise to the complaint has already been investigated and dealt with by or on behalf of the Association. under the Bylaws; or
(f) there has been an undue delay in making the complaint.
DISPUTE RESOLUTION BY AGREEMENT BETWEEN MEMBERS
(a) if any of the members decide to resolve a dispute by agreement, then a memorandum signed by them or their respective representative member, and the members are more likely to be successful in resolving a dispute, then it can be resolved promptly by the parties themselves; and
(c) recognise that, if disputes are to be resolved promptly through expert problem-solving support, information, and assistance needs to be available to the parties to those disputes; and
(d) recognise that the procedures for dispute resolution under this Part need to be flexible; and
(f) recognise that difficult issues of bylaw’s may need to be determined by senior members of the Assembly to facilitate the resolution of disputes about regarding the parties concerned, in the most efficient, informal, and peaceful manner possible.
(2) The Assembly has, in order to carry out its function in accordance with its Articles and bylaws, the following functions:
(a) to receive and assess a complaint alleging that there has been a breach of a bylaw,
(b) to gather information in relation to a complaint,
(c) to offer services designed to facilitate resolution of the complaint, including information, expert problem-solving support, mediation, and other assistance:
(d) to take action or further action in relation to the complaint, if the complainant or aggrieved member wishes to proceed with it,
(e) to provide information gathered in relation to a complaint to the parties concerned.
(e) Provide other services (of a type that can address a variety of circumstances) that assist members to resolve, promptly and effectively, their disputes,
(f) And seek to remedy the situation by means of a telephone, facsimile, internet, or email carrier service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or
(b) by publishing pamphlets, brochures, booklets, or codes; or
(c) by specialists who—
(i) respond to requests or themselves identify how, where, and when their services can best support the object of this Part; or
(ii) provide their services in the manner, and at the time and place that is, most likely to resolve the problem or dispute in question; or
(iii) provide their services in all of the ways described in this paragraph, but if this does not resolve the dispute then members have the option of taking the dispute to an international mediation process.
INTERNATIONL ARBITRATION
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by Peacemaker Equity under the Peacemaker Equity Rules before resorting to arbitration. The mediation will be conducted in person at a specified location or via video conference or phone call and all documentation/evidence relating to the dispute and any negotiation which has taken place is to be provided via email to info@peacemakerequity.com at least 7 days before the mediation can commence.
The parties agree to waive their right to sue or litigate in any public court and agree to try in good faith to informally resolve any dispute via negotiation and mediation for at least 30 days before starting arbitration. A party who intends to seek arbitration must first engage a mediation session conducted by Peacemaker Equity. If the mediation process is unsuccessful and arbitration is required, the party seeking arbitration must send the other parties a written notice with a detailed explanation of the dispute, its basis and the relief sought with an accompanying affidavit. If you want to send such a notice to Peacemaker Equity, send it to info@peacemakerequity.com.
If we want to send such a notice to you, we will send it to the email address associated with your account or to the email address requested. If the parties do not reach an agreement to resolve the dispute via negotiation or mediation within 30 days after the date the notice was sent, then the parties may start arbitration as described below. The parties agree that Peacemaker Equity administer the arbitration, and the arbitration will be governed by the principles of equity contained in the Bible.
The rules and principles for the PeacemakerEquity arbitration process are found at http://peacemakerequity.com. The arbitrator is bound by these rules and principles. The arbitration will be conducted via video conference, in person or by phone call. All documentation/evidence is to be provided to info@peacemakerequity.com and the parties agree that the arbitrator’s judgement will be final and enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction.
The arbitration costs will be shared between all parties, according to the Peacemaker Equity Rules.
The parties agree that if they are unhappy with the outcome of the arbitration, they can appeal the decision to a jury of twelve which will be conducted via video conference, in person or by phone call, with all documentation/evidence to be provided to info@peacemakerequity.com. A jury trial will follow the same rules and principles as an arbitration. The judgement will be made in consideration of all available evidence and in accordance with the principles of equity contained in the Bible.
If you do not want to be bound by this binding arbitration provision, you must inform Peacemaker Equity within 7days of the date that you first accepted these terms by agreeing to this clause. A written notification must be sent to info@peacemakerequity.com with your name address, username, and a clear statement that you do not want to resolve disputes with us through thePeacemaker Equity arbitration process.
INDEMNITY
Member agrees to hold the Association, its owners, trustees, representatives and staffharmless against any and all liability for any unintentional harm that may occur during membership and arising out of Member’s use of the Associations Written Work Product, services or other benefits of membership, except for harm resulting from gross negligence or intentional misconduct on the part of the Association. Member expressly and in good faith agrees to and affirms, without objection, the Associations protocol of handling any disputes with the Assembly directly as private Associations business (“In-House Dispute Resolution”), without resorting to public courts or tribunals, administrative bodies, or other public forums. In-House Dispute Resolution shall be limited to the Associations dispute resolution in this agreement. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, trustees, representatives, agents, affiliates, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
DECISION MAKERS
An Association or Assembly member may not act as a decision maker in relation to a complaint, grievance, or other dispute if 2 or more members of the Association or Assembly consider that there are reasonable grounds to believe that the person may not be—
(a) impartial; or
(b) able to consider the matter without a predetermined view or prejudice regarding the matter or have cause to discriminate.
INTERNATIONAL LAW ADOPTED
The Private members of the Association Assembly also hereby adopt;
The Universal Declaration of Human Rights by The General Assembly and Proclaims as its own;
The“UNIVERSAL DECLARATION OF HUMAN RIGHTS”
as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realisation of this pledge, Now, therefore,
ADDITIONAL BYLAWS
PRIVILEGES & IMMUNITIES OF THE PRIVATE MEMBERS OF THE ASSOCIATION
Immunity from suit – Except in so far as in any particular case it has expressly waived its immunity, the members shall have immunity from suit and public policy as a legal process.
Inviolability of premises and archives and shall have the like inviolability of official premises and official archives as is accorded in respect of official premises and official archives for private members of an Association while performing as a function its daily operations.
Immunity of property – The Association shall have immunity in relation to its property and assets from search, requisition, confiscation, expropriation, or any other form of interference.
Exemption from taxes and rates – The Association shall have the like exemption from taxes and rates, on goods, as is accorded by the Government of any foreign State.
Privileges and immunities of staff or office holders or members of the Assembly
Except in so far as in any particular case any immunity or privilege is waived by a member of the Assembly, all members of the staff of the Association other than persons in the domestic service of the Association, and all experts employed on behalf of the Association shall be accorded—
- immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties:
- exemption from income tax in respect of endowments, stipends, or allowances received for services in respect of their duties.
Notwithstanding anything to the contrary, The Association is wholly or partly exempt from any public or local tax, duty, rate, levy, or fee by any of the State Governments, body politic or body corporates or persons:
TRUST AND ESTATE MANAGEMENT
The Association Members have the ability to carry out and exercise full control over any of its trusts or estates in the name of the founding members person and may take control over any codicil, will or instrument or document or class of instruments or documents made for or relating to the previous appointment of an executor or administrator in the estate of that person, or to the administration or distribution of the estate, and hold said instrument or document free from any fee or duty under any other law outside of the Association.
Where any loss is suffered by any public fund or account by reason of the conferring of any such privilege or the granting of any such exemption or by the making of any discharge, refund or payment directed under this section, or where any loss is suffered by any local authority, public body, or person by reason of the conferring of any such privilege or the granting of any such exemption or by the making of any refund or payment directed under this section, no state shall direct any such payments be made from the private founding members of the Association or Assembly money to a foreign local authority, public body, or person to reimburse that loss.
IMMUNITY FROM PUBLIC CRIMINAL OR CIVIL LIABILITY, SAVING OF CERTAIN RIGHTS ETC
(1) Nothing in public policy shall apply to the members of the Association or authorise proceedings by or against the members in his or her private capacity.
(2) Except as therein otherwise expressly provided, nothing in the Articles shall—
(a) affect the law relating to public policy, statute, legislation or apply to proceedings in causes or matters within the jurisdiction of any state, or to any criminal proceedings; or
(b) authorise proceedings to be taken against the private members of the Association under or in accordance with public policy by any state in respect of any alleged liability of the members arising otherwise than in respect of the members of the Association, or affect proceedings against the members of the Association in respect of any such alleged liability as aforesaid; or
(c) affect any proceedings by the members of the Association; or
(d) subject the members of the Association to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the members of the Association than those to which the members of the Association would be subject in respect of the acts or omissions if any member were a private person; or
(e) subject the members of the Association to any liability in respect of the acts or omissions of any other person while any such person is rendering any professional or other service or supplying any private service or material in respect of any agreement provided under any social compact agreement, unless the other member is acting as a servant of the members of the Association at the time of the act or omission; or
(f) subject the members of the Association, in their private capacity as a local authority in the community of the Association, to any greater liability than that to which a local authority is subject in that capacity; or
(g) interfere with or affect any bylaw that now is or hereafter may be in force whereby the members of the Association, or any of its officers and staff, is exempt from liability for anything done or affect any power, authority, or liability vested in or imposed upon the members of the Association or any of its officers or servants under any such bylaw; or
(h) affect any right of the members of the Association to control or otherwise intervene in proceedings affecting the members of the Association’s rights, property, or profits; or
(i) affect any liability imposed on a Trustee or on members of the Association Bank Account or
(4) Where any property vests in the members of the Association by virtue of any rule of law which operates independently of the bylaws or the intentions of the members of the Association, the members shall not by virtue of this bylaw be subject to any liabilities in tort by reason only of the property being so vested; but the provisions of this subsection shall be without prejudice to the liabilities of the members of the Association under this bylaw in respect of any period after the members of the Association or any person acting for the members of the Association has in fact taken possession or control of any such property, or entered into occupation thereof.
DISCLAIMER
Nothing in this Agreement shall be construed as a contract for legal or professional services or advice regarding taxation and tax planning, accounting, investments, financing, banking, insurance, litigation or litigation avoidance, estate planning or other similar professional or expert advice. It is Member’s exclusive and non-delegable due diligence responsibility to thoughtfully review and consider the terms of this Agreement as well as any Written Work Product or services offered or contemplated under the terms of this Agreement and as part of any membership benefit, before making any decisions as to application of such Written Work Product or services for Member’s own use or unique circumstances, within Member’s exclusive and absolute discretion, including whether to seek advice from legal counsel, tax advisors, accounting professionals, or other professionals or advisors of Member’s choosing, at Member’s own cost, before making such decisions. Member agrees to hold the Association harmless from any claims or damages arising out of any such decisions exercised by Member within Member’s exclusive and absolute discretion.
PROCLAMATION AS TO ASSOCIATION;
The Common agreement between 2 or more members, is hereby declared to be a Private Members Association of which 2 or more members are equal in rights for a more perfect union, The Founding Member(s) have been authorised for and on behalf of The Association to create a new social contract between the new member –
______ Hereinafter, The Member.
The Member agrees that the following terms and conditions will apply to the services to be performed by other Member’s under this Agreement. This Agreement will commence on signing by both parties and will proceed for a duration of time that is an agreed period until such time the member decides to no longer remain a member or membership is terminated by the secretary of the Assembly under a decision made under one of the Associations bylaws.
1). The Member agrees to the contractual obligations of the Founding Member’s and or Assembly of members,
2). Services may include any reasonable requests to fulfil the general purpose of The Association as a not for profit as a community service provider, which may include –
a) To aid in the delivery of projects,
b) To assist where possible in a professional or non-professional manner
c) To always take care and observe other members, rights and privilege’s,
d) To observe community safety regulations and adhere to a high standard of safety
e) To observe the bylaws a project is being delivered within.
f) To follow the direction of senior Founding Members or qualified professionals as they deliver a service with the community.
g) To always respect the other members and officials or senior advisors to The Association.
3). Sustenance or remuneration is to be provided to The Member by way of contributions for any and all expenses required from The Association while The Member contributes their time delivering a project to the community objective, as its core purpose.
4). Failure to deliver the necessary service for a project may be cause for termination of this agreement by either party. This agreement may be terminated by a Founding Member or Assembly member and when remuneration or expenses are settled and agreed upon.
5). The function, duties and positions of work to be carried out may include any function as long as it supports the primary purpose of The Association to aid in the delivery of projects and enjoy the benefits as a member.
And by these presents do hereby certify, that I have read and agree to all the above terms and conditions and agree to the one off lifetime membership fee of $1.00. This fee is included in the first order on this website.
Additional by laws to be added here as needed.